Tupper v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the general term of the City Court of the city of New York, affirming a judgment, dismissing the complaint rendered at a trial term of said court.
1Opinion of the CourtScott, J.
This is an action for damages for the alleged negligence of defendant. The complaint was dismissed at the close of the plaintiffs case. He is therefore entitled to the benefit of all the facts and inferences which may be drawn from the evidence most favorable to his contention. Eastland v. Clarke, 165 N. Y. 425. The burden rested upon the plaintiff to show that the defendant’s servants were guilty ti'f some negligence contributing to the accident, and that he was free from such negligence. If the evidence showed conclusively either that the defendant was wholly free from negligence, or that…
2Cases cited1 opinion
- Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900